Show VETO AND VOTES tito pres president ident gives his ills ile keg loiis foil veto I 1 j i tile th altz fitza Z rohn porter hill 0 j au S 0 pa passes the measure neasure hl lothe late b if of yen 0 twenty iv seven ca causes it s 0 14 arthurs action to prevail dewest aby western ern AM aares s to bolha heral i ill 2 alie president returned the fit fitz john porter bill to cd congress fi aid with his objections lie ile takes the bame sa m 0 view view as the tile attorney general regarding rega rd tho tile unconstitutionality of the tile bill and say says s i t there are other causes ahat deter me from giving this bill the sanction of m my approval app royal the judgment of tb the P a court urt I 1 martial by which more than twenty years since gan fitz jolin john porter was tried and convicted was pronounced by a tribunal co composed in of nine officers of distinguished character and ability its in estigo est iga tion of the charges on which it found the accused guilty was thorough and conscientious netious and its fin undines un dines dingi and sentence in the due course of law were a approved ri by abraham lincoln then j president t of ithe united tates v its legal colip clency Us juris jurls diction of ta the I 1 e accuse accused dand and odthe aub ejects of tho the the bial regularity of all its proceedings aio are matters which haye never been brought in quest igni its judgment jiam p enta therefore is ciul conclusive in in its cMar character acter the me cohrt of the united states st ates has recently rece ly declared that a court t Al martial artial such as this was is the organism provided by bylaw law and clothed with the duty of administering justice inthia class of cases c ja its judgments approved al prove dreston rest on thes the same atme basis and are surrounded b by alie mine considerations erat ions which give Y conclusiveness to the judgments of other tribunals including ai as well ell the lowest as the high cst it follows foll k accordingly that when a lawfully law fully constituted court martial has duly declared its finding findings and its sentence and the iame jane have been duly approved 44 ne ther the i r the vica fedr congress lias any to set them aside ibbe tha existence of such is Is not openly asserted nor jer perhaps haps is it necessarily implied inthe in the provisions of the bill which 6 ls before bafo re moil mei but when its enacting clauses are read in tile light of tile recitals of ita its preamble it will be seen that it seeks in in knect 1 ft a practical annulli ent odthe of alie ji findings tin gs and of A conclusion at variance with these findings has been readied reached after an investigation by a board consisting of three thre e officers off cere of lie army this board was not created in in pursuance of any statutory authority and was pow powerley erlem to compel tile attendance of witnesses or to pronounce ee a judgment which could be lawfully enforced the officers ceis who ly ho composed it in their report to the secretary of war dated march that batin in their opinion justice requires such action as may bi bo necessary to annul andret andset and aside tho the findings and sentence odthe of the court martial in the case of maj gen fitz john porter and to restore him to the position which their sentence deprived him blin of buell restoration to take effect from tho the date of his dismissal from thearty th the army earmy 1 tho the provisions of the bill now under de r consideration are aro avowedly based on the that the findings of the court martial have be been eirdis discovered tobe to abe erroneous hut but irwill it will be bd borne boine in that th tbt investigation alo which is claimed to have resulted in in this discovery was made many years after the tile event to which these findings related and under circum stances that made it impossible to reproduce produce th 0 eviden co on which they were based it seems to me that lie tile proposed legislation would establish a dangerous precedent calet calculated to imperil in no small measure I 1 the tile finds inea ings force and effect act of tha judgments ments of the various tribunals established under our constitution and law lawe B 1 I have already in the exercise of the pardoning power with which tile vested remitted the tile continuing ticul penalty that that mado it impossible for fitz jolin john porter to bold hold an am office of trust or profit under the go government veru ment of the united states b but t I 1 am ani unwilling to give m my bane lion oon to any legislation which imbi yasha ll 11 practically annul and get at naught the solemn and deliberate deli of the tribunal by which ho lie was convicted and of the president by y horn hoin its findings fin dingi word werd examined eia mined and up approved signed CIr STEB A executive mansion july 2 1881 washington UC 11 before adjournment the reading of the ve towal veto was received with applause on the republican side and hisses on ion the democratic side the speaker announced that immediate action on orr the veto would bo be in order general locum moved tho the bill be passed the objection of the president i to the co cons ns tair notwithstanding ind on this motion demanded the previous ions question tion under the constitution a yeas and nays il ays vota vote was necessary anait wan waa t taken a k e a us as follows yeas adams N Y aiken alex andar arnot bagley Barboor Bayne Xe belford lford belmont bachard BG chard blount breckinrid breckinridge go 0 broadhead buchanan budd bur beigh burnes caldwell caw campbell elj N R Y candler carloton carleton cassidy clay clements cobb coa grove covington Covin cox N C CL crisp culberson raon texas Texi vs curtin deuster dibble dibrell Dorali eliner dow dowd d dunn eaton faton eldredge elliott EM allia is E english fall erm ermentrout e fare fe rrell 11 follett borney forne y garrison C a arsh gibson glascock graves gre greenloaf Greenl rilea caf f halsell Hamnio ondi nd Ila hanock nock hare deman hardy hatch missouri blis henley herbert holman hopkins Hop kina houseman li bouseman ou seman hunt Jeu jones als jones tax tex jordan kan kleiner lairda amb lanham levna Lon gLove Loverl mr lanan McAdoo McMillin matson maybury matchell Ml morgan morse muldrow murphy murray deec oates oferrall 6 paire paige patton pierce peel Ili phelps elps poland post potter pryor pulley ran dall Itan nev aitay itay N Y hay nay N higgs It kowell howell I 1 rogerd fark A rk Itose crans cran q scales i sene seney holc seymour ey mour S shelley hell ey slocum amith mit spriggs S springer stewart tex storm sumner Cala Sumner wis lor tenn thompson throckmorton tillman Townshend Tucker tully turner ga qa turner ky van alstyne vance van eatone allace ward venra Ven rP wells born weller wemple A Wilkins wil eliatus Willis Wilson W win 1 ans an winans collell Ol midi lell george D wolford wood woodward ar V yaple york young na ays s adams I lils anderson boutelle brainerd 1 brewer NY krowne browne ind br brown alvn fa a brum bruin calkins Dal Da kios lkins campbell Cain pa ia cannon cullen ii Ilen oh davi nil aej ever i hart foran GIN goff iba 1 hatch 1 1 I mici I 1 ica inen 1 Us I ls Ml enderson iwo lQ va his hi s 0 ok k alitt I 1 Kj I 1 allies luies hoi ton il ar r hopy flowey jahnson kasi ka ii keir r lwe 1 mccoid aio ala co i a as mcc nn ck ek millard miller acma ion a Alil liken morrill nelson L oneill PA IA er r P pyne payton profir celers r liec heed reed rice nice 1 Il olinn 8 coaell ryan skinner C Y spooner onor sicele St cele Stephen sont istone strait struble ruble I 1 Kt J D taylor ohio ta thomas valentine wadsworth Wads Horth wait wakefield washburn weaver white ky white 31 minn inn whiting wilson ioard Iti i 1 the pairs were announced noun ced ketchum with warner ohio russell with Wick with Cook Bisbee with beach hart net t the announcement of the vote wag was greeted with continued cheering by friends odthe of the measure and with hisses by its opponents opponent v 1 it adjourned jidy I 1 J uly S fifelie sens ate te after reading ribe journal the 1 e chair hair la id the fit fitz jolin john porter veto nies message s sige kiich which was as read the question being shall the bill pass notwithstanding the objections of tho senate the tile yeas and nays mere were taken without debate an and il resulted in a tie vote yeas 27 nays 27 two thirds notI voting in the alanna t tave V the tile bill failed to pass the vole vote in detail was as yeas bayard beck brown butler call cam cron pa cookrell cockrell coke fair fari fars ley garland gearge Ge gro onic hamp toni larris floar jon jonas 1 as jones pla fla Mac eyll jilce pik e pugh ran an sew ell N va anc nce vest and bor hees 27 nays Mo mairich Aldr irich irli allison alliso blair BON brown rain Pain crun cron wis conger dawes dolph E edmunds hale harrison rison II auley ingalls lapham Ji pham logan mcmillan miller N Y mitchell morrill palmer platt plumb sawyer sherman van wyck and nd wilson 1 |